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Madras High CourtCRL OP(MD)/1641/2025disposed of

Amutha v. The Commissioner Of Police

2025-01-29Honourable Mr Justice M. Nirmal Kumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.01.2025

CORAM

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR Amutha : Petitioner Vs.

1.The Commissioner of Police, Office of Commissioner of Police, Trichy City.

2.The Inspector of Police, Government Hospital Police Station, Trichy City, Trichy DIStrict.

: Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to direct the first respondent to transfer the investigation on the petitioner's complaint dated 23.10.2024 from the second respondent to some other investigation agency by considering the petitioner's representation dated 17.12.2024.

For Petitioner : Mr.K.Yasar Arafath For Respondents : Mr.K.Sanjai Gandhi Government Advocate (crl.side) 1/4

ORDER

The petitioner, mother of one Ramesh had filed this petition seeking to transfer the investigation on the petitioner's complaint dated 23.10.2024 from the second respondent to some other investigation agency by considering the petitioner's representation dated 17.12.2024. The contention of the petitioner is that the petitioner's son Ramesh married one Sagunthaladevi, out of their wedlock, they were blessed with two children. In the year 2019, the said Sagunthaladevi died. Thereafter, the petitioner and her husband is taking care of their grand-children. Thereafter, the petitioner's son had passed away on 02.08.2024.

This being so, one Priya claiming to be a second wife of petitioner's son had trespassed into the petitioner's house and taken jewels belonged to her son and grandchildren, valuables, educational certificate and other documents. On 23.10.2024 one Iyappan and Priya entered into petitioner's house, when the same was questioned by the petitioner and her daughter, they abused and assaulted the petitioner and her daughter. In this regard, the petitioner lodged a complaint on the same day and admitted in the Government Hospital for treatment. But, the respondent police is only harassing the petitioner to settle the issue with Priya. Hence, the above petition.

2. The learned Government Advocate (Crl.side) submitted that the petitioner had lodged a complaint on 23.10.2024. The petitioner was called for enquiry only on her complaint, which is now termed as harassment.

3. The learned counsel for the petitioner, on instructions, submitted that the petitioner would appear before the Assistant Commissioner of Police Cantonment Trichy, on 05.02.2025 along with supporting document. Thereafter, the Assistant Commissioner of Police to conduct enquiry in this case and conclude the same without further delay and it is made clear during enquiry, the petition shall not be harassed.

4. With the above direction, this Criminal Original Petition is disposed of.

29.01.2025 NCC : Yes/No Index : Yes / No Rmk 3/4

M.NIRMAL KUMAR,J.

Rmk To 1.The Commissioner of Police, Office of Commissioner of Police, Trichy City.

2.The Inspector of Police, Government Hospital Police Station, Trichy City, Trichy DIStrict.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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